BACKGROUND:
The purpose of this Notice is to issue proposed substantive regulations which will implement Section 206 of the CAA which applies certain veterans’ employment and reemployment rights and protections to employing offices and employees covered by the CAA.
What is the authority under the CAA for these proposed substantive regulations?
The authority under the CAA for these proposed substantive regulations is found in two sections of the CAA. Section 206 of the CAA, 2 USC §1316, applies certain provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), Title 38, Chapter 43 of the United States Code. Section 1316 of the CAA provides protections to eligible employees in the uniformed services from discrimination, denial of reemployment rights, and denial of employee benefits. Subsection 1316(c) requires the Board not only to issue regulations to implement these protections, but to issue regulations which are “the same as the most relevant substantive regulations promulgated by the Secretary of Labor . . .” This section provides that the Board may only modify the Department of Labor regulations if it can establish good cause as to why a modification would be more effective for application of the protections to the legislative branch.
The second section that provides authority to the Board to propose these regulations is found in section 1384. Section 1384 provides procedures for the rulemaking process in general.
Will these regulations, if approved, apply to all employees otherwise covered by the CAA?
Yes. USERRA’s provisions, as applied by Section 206 of the CAA, prohibit discrimination and retaliation against eligible employees, who are defined by the CAA as covered employees performing service in the uniformed services. Section 207(a) of the CAA prohibits retaliation against covered employees under the CAA, regardless of whether they have performed service in the uniformed services. The distinction between eligible employees and covered employees is the performance of service in the uniformed services: eligible employees have performed service in the uniformed services; covered employees have not.
